These terms are a contract between you and Purenvironmental Restoration Services Ltd., an Ontario corporation with its registered office at 679 Norfolk St. N, Simcoe, Ontario, N3Y 3R2. We call ourselves “Purenvironmental”, “we” or “us”. Operant360 is the name of our software platform. We call you “you” or “Customer”.
By creating an account, signing an order form, or using Operant360, you accept these terms. If you are accepting on behalf of a company, you are confirming that you have authority to bind it, and “you” means that company.
If you do not accept these terms, do not use the platform.
Operant360 is a business tool sold to businesses. It is not intended for personal, family or household use.
Operant360 is a hosted job management platform for restoration, remediation and construction contractors. Depending on your plan, it can include project and phase management, room and scope building, AI-assisted estimating against a price-code library, inventory and contents tracking, work orders, purchase orders, tendering to subcontractors, photo documentation, time tracking, invoicing, and payment collection.
We provide the software. You run your business.
You need an account to use the platform. Keep your details accurate, keep your password to yourself, and turn on two-factor authentication. You are responsible for everything that happens under your account and under the accounts of the people you invite.
Tell us at support@operant360.com as soon as you suspect unauthorized access.
You must be at least 18 and legally able to enter contracts. You may not use Operant360 if we have previously terminated your account, or if the law where you are prohibits it.
Your workspace belongs to your organization, not to any individual. The organization’s owner controls it.
Owners and administrators can invite people, assign roles, change permissions, see everything in the workspace, export it, and delete it, including work created by other users. When you join someone else’s organization, you are giving them that control over what you do inside it.
If control of an organization is disputed between the people who claim it, we will keep the workspace as it is and take no side. We will act on the instructions of the account listed as owner in our records until you resolve it between yourselves or give us a court order.
Subscription and billing. Subscriptions are sold per billing period, monthly or annually, and are billed in advance. Fees are those shown at checkout or in your order form. Fees are advertised based on your business location and are displayed in the currency for your region: Canadian dollars (CAD) for Canadian customers and US dollars (USD) for United States customers.
Automatic renewal. Your subscription renews automatically at the end of each billing period, at the rate then in effect, until you cancel. You authorize us to charge your payment method on each renewal.
Cancelling. Cancel at any time in your account settings. Cancellation takes effect at the end of the current billing period. You keep access until then.
Refunds. Fees are non-refundable and we do not pro-rate partial periods. This does not limit any right you have under applicable law that cannot be waived by contract, and it does not apply where we terminate your subscription without cause under section 19.
Price changes. We can change prices. We will give you at least 30 days’ notice by email before a change applies to you, and it takes effect on your next renewal. If you do not want the new price, cancel before the renewal date.
Adding users or capacity. If you add users or exceed a plan limit mid-period, we charge for the addition on a pro-rated basis and the higher amount applies from your next renewal.
Taxes. Prices exclude taxes. You are responsible for all sales, use, GST, HST, QST, VAT and similar taxes, other than taxes on our income. If you are exempt, send us valid documentation before we invoice you.
Late and failed payment. If a charge fails we will retry and notify you. If your account is more than 15 days overdue we can suspend access after giving you written notice. Overdue amounts will bear interest at the rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is lower.
Disputed charges. Tell us within 60 days of the charge if you believe it is wrong. Charges not disputed within 60 days are final.
Operant360 lets you invoice your own clients and take card payment through Stripe. When you use this:
You, not us, are the merchant of record. The contract for the restoration work is between you and your client. We are not a party to it, we do not guarantee payment, and we are not responsible for the work you perform or the amounts you charge.
You must complete Stripe’s onboarding and you are bound by the Stripe Connected Account Agreement in addition to these terms. Stripe decides whether to approve your account and can suspend or restrict it under its own rules.
You are responsible for chargebacks, refunds and disputes raised by your clients, and for the amounts involved. We can recover from you any amount we are charged as a result of a transaction on your account.
You must comply with card network rules, anti-money-laundering law and all consumer protection law that applies to how you bill your clients, including any rules about disclosing fees and surcharges.
Payment processing fees are set by Stripe and are separate from your Operant360 subscription. If we charge a platform fee on transactions, we will disclose it before you enable payments.
You own it. Everything you and your people put into Operant360 stays yours: your projects, client records, photographs, scope notes, estimates, invoices, documents and files. We claim no ownership.
You give us a licence to run the service. You grant us a worldwide, non-exclusive, royalty-free licence solely to host, store, copy, transmit, display, reformat and back up your content, only to the extent needed to provide the platform, keep it secure, support you and comply with the law. The licence ends when your content is deleted, except for copies in backups that are cycling out.
We do not train AI models on your content. Not our models, not third-party models. Our AI vendors are contractually barred from doing so as well.
You are responsible for what you upload. You confirm you have the rights and consents needed for the content you put in, including consent to photograph properties and to store personal information about property owners, adjusters, employees and subcontractors. You are the organization accountable to those people for their information. See our Privacy Policy.
Aggregated statistics. We may generate de-identified, aggregated statistics about how the platform is used and use them to operate and improve it. These never identify you, your people, your clients or your projects, and we will not publish anything that could reasonably be traced back to you.
Do not:
If you break these rules we can suspend access immediately, with notice as soon as practicable afterwards.
Operant360 generates draft estimates, suggested line items, cost figures, transcriptions and document text automatically.
Everything it produces is a draft. It is a starting point for a qualified person, not an answer. AI models make mistakes, misread photographs, mishear dictation, and select line items that do not fit the job.
You must review before you rely. You are responsible for checking every estimate, quantity, price and document before you send it to a client, an adjuster or an insurer. Approving a generated estimate is your professional judgment, not ours.
Nothing here is professional advice. The platform does not replace a qualified estimator, adjuster, engineer, industrial hygienist or lawyer, and it does not determine what an insurer will pay.
Price-code library data. Pricing information in the platform comes from an industry-standard price-code library and other sources, licensed for use in the region you select. It is a reference, not a quotation. Prices move, regions differ, and we do not warrant that any figure is current, complete or accepted by any insurer. Your licence to use that data is limited to using Operant360, and you may not extract, redistribute or resell it. Pricing data is provided as a reference only and does not constitute a guarantee of reimbursement by any insurer, adjuster, or client.
Availability. AI features depend on third-party model providers. They can be slow, rate-limited or unavailable, and we can change or replace the underlying models at any time.
You can connect Operant360 to services we do not control, such as QuickBooks Online, Stripe, and email delivery. Those connections are optional and you enable them.
Your use of a third-party service is governed by that service’s own terms and privacy policy. We do not control them, do not endorse them, and are not responsible when they change their API, break, lose data, or terminate your access. If an integration stops working because the provider changed something, we will try to fix it, but we do not guarantee a particular integration will remain available.
We will use commercially reasonable efforts to keep the platform available, and we will try to schedule maintenance outside business hours and to give advance notice of anything disruptive.
We do not promise uninterrupted service under these terms. If you need a contractual uptime commitment, ask us about a separate service level agreement.
Support is provided by email during Canadian business hours. Response targets, if any, are in your plan description or order form.
We improve the platform continuously, which means features change. We may add, modify or remove functionality. If we remove or materially reduce a feature you are actively using, we will give you at least 30 days’ notice by email or in the application. In such a case, you may terminate your subscription and receive a pro-rata refund of any prepaid fees for the remaining term.
We sometimes release features marked beta, preview or early access. They are provided as-is, may be unstable, may lose data, and may be withdrawn without notice. They are excluded from every warranty and from any service commitment. Do not depend on them for production work.
The platform, its software, design, documentation and everything about it other than your content belongs to us and our licensors. These terms grant you a limited, non-exclusive, non-transferable, revocable right to use the platform during your subscription, and nothing more. All rights not expressly granted are reserved.
Our name, logo and branding are ours. Do not use them without written permission, except to say factually that you are a customer.
Feedback. If you send us suggestions, we can use them freely, without obligation or payment to you. You are not giving up any rights in your own content by giving us feedback.
Each of us may receive confidential information from the other. The receiving party will protect it with at least reasonable care, use it only for purposes of this agreement, and disclose it only to people who need it and are bound by similar obligations.
This does not cover information that is public through no fault of the recipient, was already known, is independently developed, or is received lawfully from someone else. If a law or court compels disclosure, the recipient will give notice first where it is legally permitted to do so.
Your content is your confidential information. The platform’s non-public features, pricing and roadmap are ours.
Our handling of personal information is described in the Privacy Policy, which forms part of these terms.
For information you put into the platform about other people, you are the party responsible and we act on your instructions. You must have a lawful basis for collecting it and for putting it into Operant360, and you must give the people concerned whatever notice the law requires.
Where your data is stored, which service providers we use and how long we keep things are all set out in the Privacy Policy. We keep that document current rather than restating the details here, so there is only ever one answer.
If you need a Data Processing Addendum, including the Standard Contractual Clauses, contact privacy@operant360.com and we will provide one.
We warrant that we will provide the platform with reasonable skill and care, and that we will not materially reduce its security during your subscription.
Otherwise, the platform is provided “as is” and “as available”. To the fullest extent the law permits, we disclaim all other warranties, express, implied or statutory, including merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or trade usage.
We do not warrant that the platform will be uninterrupted or error-free, that defects will be corrected, that it will meet your requirements, or that any estimate, price, calculation or generated document is accurate, complete or acceptable to any insurer, adjuster or client.
Some jurisdictions do not allow the exclusion of certain warranties. Where that is the case, the exclusions above apply only to the extent permitted.
Neither party is liable for indirect damages. Neither of us is liable to the other for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business, lost goodwill, or the cost of substitute services, even if told such damages were possible.
Our total liability is capped. Our aggregate liability arising out of or relating to these terms or the platform, whether in contract, tort, negligence, strict liability or otherwise, will not exceed the total fees you paid us in the 12 months before the event giving rise to the claim, or $500, whichever is greater.
Data loss. We take backups, but you are responsible for keeping your own copies of anything you cannot afford to lose. Export regularly.
What is not capped. These limits do not apply to your obligation to pay fees, to either party’s indemnity obligations, to breach of the other party’s intellectual property rights, or to liability that cannot be limited by law, including fraud, fraudulent misrepresentation, death or personal injury caused by negligence.
These limits are a fundamental part of the bargain between us and apply even if a limited remedy fails of its essential purpose.
Term. These terms apply from the moment you first use the platform until your subscription ends and your account is closed.
You can terminate at any time by cancelling in your account settings, effective at the end of the current billing period.
We can terminate for cause immediately if you materially breach these terms and do not cure the breach within 30 days of written notice, or immediately and without a cure period if you breach section 8, become insolvent, or your use exposes us or other customers to legal or security risk.
We can suspend your access immediately, without prior notice where the situation requires it, to stop a security threat, a legal violation, or non-payment more than 15 days overdue. We will restore access when the cause is resolved.
We can terminate without cause on 60 days’ written notice, in which case we refund any prepaid fees covering the period after termination.
What happens to your data. For 30 days after termination, your workspace is available in read-only form so you can export your data. After that we begin deletion and remove it from live systems within 60 days. Encrypted backups cycle out on their normal schedule. Export before you cancel. We are not obliged to keep anything after the 30-day window, and if we terminate your account for a breach of section 8 we may shorten or withhold that window.
What survives. Sections 7 (ownership), 14, 15, 17, 18, 20, 21 and any accrued payment obligations survive termination.
You will indemnify us against third-party claims, and the resulting damages, losses and reasonable legal fees, arising from your content, your use of the platform, your breach of these terms or of any law, the work you perform for your clients, or a dispute between you and a client, subcontractor, employee or insurer.
We will indemnify you against third-party claims that the platform, used as permitted, infringes a Canadian or United States patent, copyright or trademark, and we will pay damages finally awarded or agreed in settlement. This does not apply to claims arising from your content, from combining the platform with something we did not supply, from your use after we told you to stop, or from a modification you made. If the platform becomes the subject of such a claim, we may at our option obtain the right to continue using it, modify it, or terminate your subscription and refund prepaid fees for the unused period. This is your exclusive remedy for infringement.
Each of us will notify the other promptly of a claim, let the indemnifying party control the defence, and cooperate reasonably. No settlement that admits fault or imposes an obligation on the other party is binding without its consent.
These terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
The courts of the Province of Ontario have exclusive jurisdiction over any dispute arising out of or relating to these terms or the platform, and both of us submit to that jurisdiction and waive any objection based on venue or inconvenient forum. This applies wherever you are located, including if you are in the United States.
Nothing stops either of us from seeking injunctive relief in any court to protect intellectual property or confidential information.
Before filing anything, tell us about the dispute at privacy@operant360.com and give us 30 days to try to resolve it. We will do the same for you.
We can change these terms. The effective date at the top reflects the current version.
For material changes we will give you at least 30 days’ notice by email and in the application. Changes take effect on the date stated in the notice, or on your next renewal for anything affecting fees.
If you do not accept a change, cancel before it takes effect. Continuing to use Operant360 after the effective date means you accept the new terms. For material changes, we may require you to actively accept the updated terms before you can continue using the platform. Changes are not retroactive and do not affect a dispute that arose before they took effect.
Entire agreement. These terms, the Privacy Policy, and any order form you sign are the whole agreement between us on this subject and replace anything said or written before. If an order form conflicts with these terms, the order form wins for that customer.
No purchase order terms. Terms printed on your purchase order or vendor portal do not apply and are rejected, even if we accept the purchase order.
Assignment. You may not assign these terms without our written consent, except to a successor of your entire business. We may assign to an affiliate or to a successor in a merger or sale of assets. Any other attempted assignment is void.
Independent contractors. We are not partners, joint venturers, employer and employee, or agents of one another.
No third-party beneficiaries. Nobody other than you and us has rights under these terms.
Severability. If a provision is held unenforceable, it is modified to the minimum extent needed to make it enforceable, or severed, and the rest stands.
No waiver. Not enforcing a provision once does not waive it.
Force majeure. Neither of us is liable for a failure to perform, other than a failure to pay, caused by something beyond reasonable control, including natural disaster, war, labour dispute, government action, internet or utility failure, or the failure of a third-party provider we depend on.
Notices. We send notices to the email address on your account, and they are effective when sent. You send notices to privacy@operant360.com. Keep your email address current.
Language. These terms are drafted in English. The parties have requested that these terms and all related documents be in English. Les parties ont demandé que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
Publicity. We will not use your name or logo as a customer reference without your written permission.
Purenvironmental Restoration Services Ltd.
679 Norfolk St. N
Simcoe, Ontario
N3Y 3R2
Privacy/Data Protection: privacy@operant360.com
Support: support@operant360.com